Last week, the prosecutor of the International Criminal Court, Fatou Bensouda, briefed the United Nations Security Council on the situation in Libya. In her statements Bensouda urged the Council to take action and work against the deteriorating security situation in the country.
'ICC prosecutor urges UN Security Council to act on Libya situation' (via @JURISTnews) http://t.co/Ht7sy3NoaR
— Noelle Quenivet (@NoelleQuenivet1) May 15, 2015
But the situation in Libya could be a back-door to a possible ISIS investigation for the Court. Due to the jurisdiction handed to the Court, Bensouda could open an investigation into alleged ISIS crimes on Libyan territory. Unfortunately, the ongoing situation means that it would be troublesome.
ICC prosecutor wants to investigate ISIS and extremists in Libya but security is impediment. http://t.co/q8WIHjk6Xj pic.twitter.com/QvIag7Mi2n
— Kenneth Roth (@KenRoth) May 14, 2015
“My office considers that ICC jurisdiction over Libya prima facie extends to such alleged crimes (by Islamic State),” Bensouda said.
— Aisha Dabo™ (@mashanubian) May 13, 2015
Earlier this year, Fatou Bensouda released a statement regarding a possible investigation into ISIS crimes, in which she argued that the situation would be too “narrow” to probe at this stage. But it seems as though she’s had a change of heart.
After saying jurisdiction was too "narrow" before, #ICC prosecutor now wants to investigate #ISIS in #Libya http://t.co/knwRmQ3acN
— Mark Kersten (@MarkKersten) May 13, 2015
One of the recurring topics during Bensouda’s briefings at the UNSC is that about the help and proactivity of the international community – or the lack thereof. The briefing on Libya was, unfortunately, no different.
#ICC's Bensouda tells #UNSC that IC must be proactive in helping #Libya amidst ongoing violence & civilian suffering http://t.co/k37mur0TGy
— GCR2P (@GCR2P) May 13, 2015
The Chilean mission to the United Nations doesn’t just see insecurity in Libya hampering an ICC investigation. It also highlights the ongoing ICC funding issue as a major reason for the Court not being able to investigate properly.
.@ChileONU : negative impact of insecurity & insufficient funding over #ICC capacity to investigate in #Libya must be addressed by #UNSC
— O-Gon Kwon (@ICC_PASP) May 12, 2015
Human Rights Watch made a public call ahead of Bensouda’s briefing, calling for a new ICC investigation into Libya amid the ongoing crisis.
Mounting atrocities amid paralyzed judiciary in Libya. New #ICC investigation needed says @hrw http://t.co/hdpJsUiscB pic.twitter.com/mtuGY6uH92
— Hanan Salah (@HananMSalah) May 12, 2015
Could the current chief prosecutor of the ICC get a bit of help from the previous head of the Office of the Prosecutor? Luis Moreno Ocampo has been asked by a Libyan NGO to join its quest for justice.
Former #ICC Prosecutor @MorenoOcampo1 joins NGO in #Libya to investigate ongoing war crimes, achieve peace http://t.co/a3243Jwp6D
— Mark Kersten (@MarkKersten) May 16, 2015